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I recently got divorced. While we were married we purchased…

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I recently got divorced. While...
I recently got divorced. While we were married we purchased a timeshare together and we still owe money on it. The timeshare is in both of our names.


Under the divorce agreement, we both signed a document agreeing that HE would take over the timeshare, to include all payments, taxes, monetary gain, etc, and that my name was to be taken off. The judge granted this and wrote on our divorce decree that my name was to be taken off as soon as possible.


The timeshare company states that they "do not honor divorce decrees," and that until we have paid the timeshare in full my name cannot be taken off of it. His credit is not good enough for him to qualify to refinance in his own name. And now that we are divorced, he is using this against me. He has already neglected to pay and it has gone on my credit report. I did not even get a letter in the mail until it was too late. Since then, they have called many times saying he did not pay and I had to pay for it. I call him and he says he will pay again and that he wants the timeshare. I just dont feel as though I should be paying so much for something I am not even going to own.


Please help. Is it legal for them to not honor the divorce decree? If so, is there anything else I can do about this??? I have good credit and I am very worried about having to deal with this for the next few years...which is when it will be paid off!!!


THANK YOU SO MUCH!!
Submitted: 8 years ago.Category: Legal
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Answered in 4 minutes by:
6/24/2010
Lawyer: Tina, Lawyer replied 8 years ago
Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33,167
Experience: JD, BBA Over 25 years legal and business experience.
Verified

I am sorry to hear of your dilemma.

 

The timeshare company is not bound by the decree since your name is XXXXX XXXXX contract. However, your ex is in contempt of court. I would file a motion for order to show cause with the family court. This is the first step in having him held in contempt of court and even jailed for violating the court's order.

 

If he really cannot refinance, he may agree to turn over the timeshare to you so you can refinance and preserve your credit.

 

You should have an attorney or at least an experienced family law paralegal assist you in filing the appropriate documents.

 

 

Best regards XXXXX XXXXX

Tina

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